The Federation Press

Post-Employment Restraint of Trade

The competing interests of an ex-employee, an ex-employer and the public good

Overview

The law surrounding post-employment restraint of trade has increasing importance in workplace relations law and practice. The historical assumption that employers have a stronger commercial position and employees are vulnerable has been exploded in the 21st century by a highly educated and skilled workforce both geographically and occupationally mobile.

Concisely and with great clarity this book covers the history of common law tradition, questions arising before drafting a post-employment restraint; drafting a restraint of trade clause; non-solicitation of employees; other post-employment restrictions on an ex-employee; post-employment conduct and intellectual property rights; post-employment restrictive covenants in sale of business agreements; clients, ethics, writs and international perspectives; reform of post-employment competition.

The book identifies how the Australian judiciary charts its way through the twisting path to post-employment justice as well as surveying in brief that relevant practice in overseas jurisdictions.

Table of Contents

Preface
About the Author
Disclaimer
Table of Cases
Table of Statutes

1. Six Hundred Years of the English Common Law Tradition
2. Drafting Restraint of Trade Clause: Some Questions
3. Drafting a Restraint of Trade Clause: Some Key Principles
4. Non-Solicitation of Employees
5. Other Post-Employment Restrictions on an Ex-Employee
6. Post-Employment Conduct and Intellectual Property Rights
7. Restraint of Trade Provisions in Sale of Business Agreements
8. Clients, Ethics, Writs and International Perspectives
9. Post-Employment Competition: History, Politics, Economics and Reform

Appendix: Australian and Overseas Decisions on Post-Employment Restraint of Trade Dispute
Select Bibliography
Index

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